Last Change:

10/08/2026

THE IMMIGRATION CONTROL ACT, 2026

Original names of the law: THE IMMIGRATION CONTROL ACT, 2026

Year: 2026

Type: Domestic law

Rights Category: Asylum

Description

An Act to continue the existence of the Immigration Department and re-define its functions; provide for the appointment of immigration border guards and provide for their functions; regulate the entry of persons into, and departure of persons from, the Republic; regulate the remaining of immigrants within the Republic; repeal and replace the Immigration and Deportation Act, Cap. 123 and provide for matters connected with, or incidental to, the foregoing.

Selected provisions
Section 2(1) - Interpretation

“asylum seeker” has the meaning assigned to the words in
the Refugees Act;

Section 8 - Entry and remaining in Republic

8. (1) Subject to other provisions of this Act, a person shall not
enter the Republic other than at a port of entry.
(2) Subject to this section, a person who is not a citizen shall
not enter the Republic unless that person is authorised in accordance with this Act.
(3) Subject to this section, the presence in the Republic of a
person who is not a citizen is unlawful, unless that person is
authorised under this Act.

Section 23 - Asylum seeker’s permit

23. (1) The Director-General may issue an asylum seeker’s permit in a prescribed manner and form to a foreigner seeking refuge or asylum in the Republic in accordance with the Refugees Act.
(2) Despite the provisions of any other written law, a holder of an asylum seeker’s permit shall, where the holder of the permit does not report to the Commissioner for Refugees or a refugee settlement in accordance with the Refugees Act, within thirty days of the issue of the permit, become an illegal immigrant.
(3) Subject to the Refugees Act, a refugee commits an offence if the refugee is found in a place other than a refugee settlement without—
(a) a movement pass issued in accordance with the Refugees Act; or
(b) an appropriate permit issued under this Act.

Section 33 - Temporary permit

33. (1) A prohibited immigrant, illegal immigrant or any other person who does not hold any permit issued under this Act may, with the prior approval of the Director-General, apply to the Director-General for a temporary permit in a prescribed manner and form on payment of a prescribed fee.

(2) An application referred to in subsection (1) shall be accompanied by a prescribed sum of money as deposit for the purpose of securing the applicant's compliance with the conditions specified in the permit.

(3) The Director-General shall, within thirty days of receipt of an application under subsection (1), approve or reject the application.

(4) The Director-General shall, where the Director-General rejects an application, inform the applicant in a prescribed form, stating the reasons for the rejection.

(5) The Director-General shall, where the applicant satisfies the prescribed requirements, issue the applicant with a temporary permit in a prescribed form.

(6) A deposit referred to under subsection (2), shall where the persons referred to under subsection (1) fail to comply with the conditions of a temporary permit, be used for purposes of deporting or removing that person from the Republic or be forfeited to the State.

Section 2(1) - Interpretation

“immediate family” means a husband or wife of a citizen,
permit holder, a person issued with visiting days or business
days in the Republic or any other person regulated under
this Act and includes a person whose parent is a citizen,
permit holder, a person issued with visiting days or business
days in the Republic or any other person regulated under
this Act;

“dependant” means a—
(a) child whose parents are holding an investor’s permit
or an employment permit;
(b) spouse of a person holding an investor’s permit or an
employment permit;
(c) person aged sixty five years or above and is a parent
of a person holding an investor’s permit or an
employment permit holder;
(d) parent of a person issued with a permit under this
Act and who due to a physical or mental incapacity,
solely depends on a holder of a permit;
(e) child, of a person holding a study permit, who is below
the age of seven; or
(f) child of a residence permit holder, who is below the
age of seven;

Section 4(m)(q) - Functions of Department

4.(m) collaborate with relevant institutions on matters relating
to vulnerable migrants;
(q) promote a human rights based approach in relation to immigration control.

Section 12(4) - Departure from Republic

12. (4) An immigration officer shall, where a person referred to
under subsections (1) and (2) is an unaccompanied child or
accompanied by a person who is not the parent or legal guardian of the child, require in writing, the consent of the parent, guardian of
the child or ministry responsible for child welfare and development
in the Republic.